Timely Submission of Proposals in Response to Federal RFPs

The rules concerning the late submission of proposals after the date set for receipt of bids and proposals have been amended over time to accommodate modern delivery methods. But the overarching rule remains, nevertheless, "late is late."

The strict rule for timely submission of proposals, and modifications or revisions to proposals, is very clear: "Offerors are responsible for submitting offers, and any revisions and modifications to them, so as to reach the Government office designated in the solicitation on time." (1) The Government may, at its discretion, waive the rule if a proposal received late is the only proposal

received, or if a proposal received late offers better terms and prices (i.e., a better deal) than an otherwise successful proposal. Nevertheless, the late rule is generally always rigidly enforced—the proposal must be received exactly on or before the time and date and at the exact location (i.e., the bid room) set for receipt of proposals in the Request For Proposals (RFP). And the entire proposal must be received, not merely a portion of it. Moreover, no acts of God or similar factors will excuse lateness unless they involve Government mishandling.

If the Government is at fault—mishandles or improperly processes a proposal otherwise submitted timely—a proposal will be deemed timely received. Government mishandling may also occur as a result of actions taken prior to receipt of a bid or proposal. For example, the Government may provide an address in the RFP that is not the correct bid opening room, or the entrance to the building is blocked, making delivery extraordinarily difficult causing late submission.

Today many agencies post their solicitations on a web portal and require electronic submission of the bids and proposals. The Government is required to notify offerors that they are responsible for submitting offers "so as to reach the Government office designated in the solicitation on time." (2) The rule for...

1 | 2 | 3